Kiddush

From Halachipedia

Obligation

  1. Kiddish is a biblical command as it says "זכור את יום השבת לקדשו" meaning "remember Shabbat to sanctify it" and one fulfills it by saying the text of Kiddish on Friday night. [1] In addition, Chazal instituted that Kiddish be made over a cup of wine. [2]
  2. Some authorities hold that the Biblical obligation is discharged with the prayer in Shul and the Kiddish at home is entirely Derabbanan. [3]

Kiddish at night

  1. The text of Kiddish includes Yom HaShishi, which are pesukim describing Shabbat, and two Brachot, Borei Peri HaGafen, and Mekadesh HaShabbat. [4]

Kiddish of the day

  1. The text of Kiddish during the day is just Borei Pri Hagefen. [5]
  2. It's forbidden to taste anything before Kiddish. [6]
  3. It's permissible to drink water before Shacharit on Shabbat day since the obligation of Kiddish doesn't apply until one prayed. [7]

Eating before Kiddish

  1. It's Rabbinically [8] forbidden to eat anything even water [9] before making Kiddish once the time for Kiddish has come. [10]
  2. If one takes Shabbat upon oneself early, it's forbidden to eat before making Kiddish. [11] Therefore, one can accept Shabbat early, make Kiddish, and eat even before praying Arvit as long as it's not within a half hour of the time to say Arvit. [12]
  3. If one doesn't pray or take Shabbat upon oneself early The time that the probition begins from Ben HaShemashot. [13]
  4. Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. [14]

Timing

  1. Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.[15]
  2. One can say Kiddish before nightfall if one accepts upon oneself Shabbat early. [16]
  3. If one missed Kiddush on Friday night, it can and should be made up at any point during Shabbat day, which means that one would recite the longer Friday-night version of Kiddush on Shabbat day. [17]
  4. If one forgot to say Kiddish on Friday night and only remembered during Ben HaShemashot of Saturday, one should say Kiddish then without Shem UMalchut. [18]
  5. If one forgot to say Kiddish on Friday night and only remembered during Ben HaShemashot of Saturday, and one didn't pray any prayer of Shabbat, one should make Kiddish with a Bracha. [19]

Women

  1. The Mitzvah of Kiddush is exceptional in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of Shabbat, they are also obligated in the positive commandments of the day.[20]
  2. Since women are obligation on a biblical level, they should either listen to they husband or another adult make Kiddish and answer Amen or say it themselves. [21]
  3. A women can fulfill the obligation of her husband and family. [22]
  4. A wom

Sources

  1. ↑ Rambam (Hilchot Shabbat 29:1) writes that there's a positive biblical commandment to remember Shabbat based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4 he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems to me that Tosfot (Nazir 4a D"H My Hee; first opinion) holds that the mitzvah of Kiddish is Derabbanan and the pasuk of Zachor is only an asmachta.]
  2. ↑ Pesachim 106a states that the Kiddish is supposed to be said over a cup of wine. Tosfot(D"H Zochrayhu; first opinion) and Rambam (Hilchot Shabbat 29:6) write that saying Kiddish over the cup of wine is Derabbanan. Tosfot's second opinion holds saying Kiddish over a cup of wine is Deorittah, but drinking it is Derabbanan.
  3. ↑ Magan Avraham 271 writes that since the Rambam and Tosfot hold that the Deorittah part of Kiddish is that it is stated orally, one should be able to fulfill this obligation with one's Arvit prayer in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magan Avraham including. Mishna Brurah 271:2 (based on the Tosfet Shabbat 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the prayer in shul doesn't fulfill the obligation of Kiddish.
  4. ↑ Rambam (Hilchot Shabbat 29:7) writes that the order of Kiddish is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash HaShabbat (the text of which can be found in Rambam 29:2).
  5. ↑ Pesachim 106a writes that the primary Kiddish is at night but there's also a Kiddish of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot Shabbat 29:10), quoted by Bear Heitiv 289:2) and the obligation of Kiddish during the day is only Rabbinic. The gemara concludes that the text of such a Kiddish is just Borei Pri HaGefen. Rambam (Hilchot Shabbat 29:10) and S"A 289:1 rule this as halacha.
  6. ↑ Rambam (Hilchot Shabbat 29:10) and S"A 289:1 rule that since there's an obligation to make Kiddish it's forbidden to eat anything before Kiddish just like the Kiddish of Friday night.
  7. ↑ Tur writes in the name of his father, the Rosh, and S"A 289:1
  8. ↑ Mishna Berurah 271:11 writes that the prohibition is only Rabbinic.
  9. ↑ Maggid Mishna explains that the Rambam holds drinking water before Kiddish is permitted, while the Rashba forbid. Hagot Maimon in name of Maharam and the Tur also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. S"A 271:4 rules that even water is forbidden.
  10. ↑ Pesachim 106b records a dispute whether one who tasted food before Kiddish can still make Kiddish. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before Kiddish. Rambam (Hilchot Shabbat 29:5), Tur and S"A 271:4 all rule that it's forbidden to eat before making Kiddish.
  11. ↑ Magan Avraham in name of the Bach writes that it's forbidden to eat before making Kiddish if one accepted Shabbat early.
  12. ↑ Magan Avraham 271:5 writes that one is allowed to accept Shabbat early, and then make Kiddish to permit eating, all before praying Arvit. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before Arvit.
  13. ↑ Magan Avraham 271, Mishna Berurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at Ben HaShemashot.
  14. ↑ Magan Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. So rule the Bear Hetiev 271:4. Mishna Brurah. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during Ben HaShemashot.
  15. ↑ Pesachim 106a learns that the primary way to do Kiddish, a remembrance of Shabbat is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1
  16. ↑ Magan Avraham writes that Kiddish can be made during the day if one accepts upon oneself Shabbat early. So rule the achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur.
  17. ↑ The Gemara Pesachim 105a rules that if one missed saying Kiddish on Friday night one can make it up through the rest of Shabbat. Rambam (Hilchot Shabbat 29:4), Tur and S"A 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make Kiddish the next day. Additionally, the Aruch HaShulchan and Ben Ish Chai hold that we don't say Vayichulu if the Kiddish is said during the day since Vayichulu was instituted for the incoming of Shabbat. [This finds it's source in the Magid Mishna (Hilchot Shabbat 29:4).]
  18. ↑ Ben Ish Chai Beresheet 19 writes that one could argue that since according to the Magan Avraham, once one prayed on Shabbat the obligation of Kiddish is only Derabbanan and in a case of doubt such as Ben HaShemashot, we should apply the rule of Safek Derabbanan Lekula. However, the Ben Ish Chai rejects such an argument because there are those who limit the Magan Avraham to a case when one doesn't have wine or one had Kavana to fulfill one's obligation.
  19. ↑ Ben Ish Chai Beresheet 19 writes that since Kiddish is Deorittah and if one didn't pray any Shabbat prayer one is still obligated in Kiddish and so one can still make Kiddish during Ben HaShemashot with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning Birkat HaMazon.
  20. ↑ On Berachot 20b, Rava says that women are obligated in Kiddish on a Deoritta level because the torah compares the positive and negative commandments of Shabbat by swiching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. So rules the S"A 271:2 and Kitzur S"A 77:4.
  21. ↑ Since women are obligated in Kiddish on a biblical level, they can definitely make Kiddish for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's Kiddish as they both have a Deorittah obligation. According the Magan Avraham that one fulfills the Deorittah obligation in prayer, if a man and women both have already prayed, they are can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh (Brachot 3:13 last line) writes that women aren't included in Aravim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the kiddish along with the one making Kiddish so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah (Shabbat vol 2 pg 24) concur.
  22. ↑ S"A 271:2 writes that since women are obligated in Kiddish on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magan Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women doesn't fulfill the obligation of men not in her family because it's not entirely appropriate.
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